Constitutional Law 1 - Final Examination Reviewer
PROCEDURE
Chapter 9 - Powers of the Congress
Classification
1. Legislative
a. Appropriation
b. Taxation
c. Expropriation
2. Non Legislative
a. Power to canvass presidential
election
b. To declare the existence of state of
war
c. To give concurrence to treaties and
amnesties
d. To propose constitutional
amendments
e. To impeach
Implied Powers – punish contempt in legislative
investigations
Inherent Powers – determination of its rules of
proceedings; to discipline its members
Legislative Power in General
a. Power of Law making
a. Adoption of a bill
b. Proposed or projected law
STATUTE – “The written will of the legislature,
solemnly expressed according to the forms necessary
to constitute it the law of the state”
*Association of Small Landowners in the Phil. Vs
Secretary of Agrarian Reform – legislative power is
peculiarly within the province of legislature
*Gonzales vs Hechanova – statute should prevail over
executive agreements because the main function of
Executive Department is to enforce law while the
lawmaking power is vested in the congress
*Datu Michale Abas Kida vs. Senate of the
Philippines – subsequent laws do not change or
revise any provision in earlier law
*** League of Cities in the Philippines vs COMELEC –
legislative body possesses PLENARY POWERS
(embraces all subjects – can pass bill anything under
the sun)
***PERT/CPM Manpower Exponent Co., Inc. Vs
Vinuya – “Laws shall have no retroactive effect unless
the contrary is provided”
**Atizado vs People – the retroactive application of
R.A. 9344 “children in conflict with the law”
Introduced – any member of the house or senate
1st Reading – reading of the number and title and
referral to the committee
Committee – may “kill” or “recommend for
approval”
***2nd Reading – reads its entirety, scrutinized,
debated upon, and amend when desired
3rd Reading – Voting
Sent to the other chamber >> Sent to Chief Executive
ORIGIN OF BILLS
House of Representatives – “Sec. 24. All
appropriation, revenue or tariff bill, bill authorizing
increase of the public debt, bills in local application,
and private bill shall originate exclusively in the House
of Representatives, but the Senate may propose or
concur with the amendments”
***Tolentino vs Secretary of Finance – Expanded VAT
Law was questioned questioning that it did not
originate from the Congress. Held. The bill was
consolidated the initiative came from the lower house.
PROHIBITED MEASURES
“Sec. 31. No law granting a title of royalty or nobility
shall be enacted.” – TO AVOID SOCIAL
STRATIFICATION
“Sec. 30. No law shall be passed increasing the
appellate jurisdiction of the Supreme Court as
provided in this constitution without its advice and
concurrence”
*Fabian vs Desierto – nullified Sec. 27 or RA 6770
and Sec. 7 Rule III of A.O. No. 7 for increasing the
appellate jurisdiction of the Court without its advise
and concurrence.
TITLE OF BILLS
General Rule: “Shall embrace one subject and shall
be expressed in the title”
***Lidasan vs COMELEC – own congressman voted
for the prejudice of his own province. The law is
unconstitutional due to its title. It did not apprise the
people of the towns of Buldon and Parang.
FORMALITIES
Exception to the THREE READING RULE:
a. Immediate enactment to meet a PUBLIC
CALAMITY or EMERGENCY
APPROVAL OF BILLS
If the President signed it will become a law.
If VETOED, it will be returned back to the congress,
then may be voted by 2/3 to become a law.
*** Veto – in general, cannot veto partially, EXCEPT
in REVENUE BILL (ITEMIZED BILL)
**Bolinao Electronics Corporation vs Velancia – Pres.
Arroyo approved the bill but vetoed the condition
attached. SC declared the veto ineffectual and the
approval of the ITEM carried with the approval of the
condition attached to it.
LEGISLATIVE INQUIRIES
** Garcillano vs House of Representatives – Senate
cannot be allowed to continye with the conduct of the
questioned legislative inquiry WITHOUT duly
published rules of procedure, in clear derogation of
the constitutional requirement.
***Neri vs Senate Committee on Accountability of
Public Officers and Investigations – rules for its
legislative inquiries MUST BE PUBLISH. Publishing
through internet cannot be considered as compliance
RULE: Failure or refusal to attend a legitimate
legislative investigation or contumacy of the witness
may be PUNISHED as LEGISLATIVE CONTEMPT.
Case of Arnault vs Nazareno – petitioner was
incarcerated by the Senated
POWER OF APPROPRIATION
“No money shall he paid out of Treasury except in
pursuance of an appropriation made by law”
*Nazareth vs Villa – DOST released fund without
specific appropriation (Thus INVALID)
APPROPRIATION- statute the primary and specific
purpose of which is to authorize release of public
funds from the treasury. (i.e. The public works act and
the general appropriations act)
IMPLIED LIMITATIONS
***Pascual vs Secretary of Public Works and
Communications – the item in appropriation was for
the improvement of road in PRIVATE subdivision.
Thus, appropriation was NULL AND VOID AB INITIO,
as a rule it should be use for PUBLIC not for private.
CONSTITUTIONAL LIMITATIONS
a. Discretionary funds – shall be disbursed only
for public purpose
b. Special appropriations bill – shall specify the
purpose
c. Appropriation Recommended by the
President – congress may not increase
d. No Provision or enactment shall be
embraced in general appropriations
***Garcia vs Mata – activation of retirement of reserve
officers of the AFP where incorporated in GAA for
1956. SC annulled the provision: Violation of the
constitutional inhibition against “RIDERS: to the
general appropriation act.
APPROPRIATIONS for SECRETARIAN PURPOSES
Refer to: Article VI, Sec. 29(2)
General Rule: No appropriations intended to support
any sect, church, denomination, sectarian institution,
or system of religion… EXCEPT when priest,
preacher, minister, or dignitary is assigned to the
armed forces, penal institution, or government
orphanage or leprosarium.
** Aglipay vs Ruiz – gov’t authorize a special stamp
for the Eucharistic Congress. The act is valid since
the use is to promote tourism not religious event.
**Garces vs Estenzo – the purchase of religious
image is incidental
AUTOMATIC RE-APPROPRIATION
- If Congress failed to pass the general
appropriation at the end of the fiscal year,
the GA for the preceding Fiscal Year shall be
deemed re-enacted
-
SPECIAL FUNDS – tax levied for special purpose
shall be treated as special fund and paid out of such
purpose
THE POWER OF TAXATION
“The rule of taxation shall be uniform and equitable.
The Congress shall evolve a progressive system of
taxation.”
**Tolentino vs Secretary of Finance – tax exemption
Exempted from Taxation
a. Charitable institutions
b. Churches
c. Parsonages
d. Convents
e. Mosques, Non-profit cemeteries
f. All lands, buildings, improvements
actually, directly and exclusively used
for religious, charitable or educational
purposes
***Angeles University Foundation vs City of Angeles –
invoked tax exemption in favor of education
institutions (RA 6055) , should not pay for the building
permit fees. SC rejects the contention stressing “since
building permit fees are not charges on the property,
they are not impositions from which petitioner is
exempt.”
**Lladoc vs Commissioner of Internal Revenue –
donation of Php. 10,000 was accepted by parish
priest. BIR sought to impose tax however the donee
invoked the constitutional exemption. SC ruled in
favor of BIR since the tax levied not upon the church
but upon the parish priest.
THE POWER OF CONCURRENCE
a. Concurrence to an AMNESTY
b. Concurrence to a TREATY
Rule: Atleast 2/3 of the members of congress must
concur
THE WAR POWERS
Rule: atleast 2/3 of the congress must concur to
declare the existence of a state of war
REFERENDUM AND INIATIVE
Initiative – the power of the people to propose bills
and laws, and to enact of reject them at the polls,
independent of the legislative assembly
Referendum – method of submitting important
legislative measure to a direct vote of the whole
people, the submission of a law passed by the
legislature for their approval or rejection.
a. Referendum on statutes – petition to
approved or reject an act or a law or part
thereof, passed by the Congress
b. Referendum on local law - petition to
approved or reject an act or a law, resolution
of ordinance enacted by regional assemblies
and local legislative bodies
CHAPTER 10 – EXECUTIVE DEPARTMENT
Executive Power – “The executive power shall be
vested in the President of the Philippines.”
Description: The power to enforce and administer the
laws.
Qualifications:
a. Natural born citizen
b. Registered voter
c. Able to read and write
d. Atleast 40 years of age on the day of the
election
e. Resident of the Philippines for at least 10
years immediately preceding such election
Citizenship Retention and Re-acquisition Act of 2003
– natural born Citizen who have been naturalized in
foreign country, shall, upon taking oath of allegiance
prescribed in the said law deemed to have re-
acquired, or shall retail their Philippine citizenship.
ELECTION AND PROCLAMATION
President and Vice- President – are elected by direct
vote of the people.
Date and Interval: 2nd Monday of May, 6-year interval
**Macalintal vs Presidential Electoral Tribunal –
questioned the legality of the PET vested in the
Supreme Court assailing that the agency is
performing quasi-judicial or administrative functions.
**Tecson vs COMELEC- SC affirmed that it has the
original jurisdiction over presidential and vice-
presidential election protest. Whereas, PET is not
separate and distinct entity from the SC, albeit it has
functions peculiar only to the Tribunal.
TERM
a. Length: Six (6) years
b. Start: 30th day of June next following the day
of election
c. President – 1 term (not qualified for re-
election if served for more than 4 years)
d. Vice- President – 2 term (can run for re-
election for 2 consecutive terms)
**Pormento vs Estrada – sought to disqualify Estrada
from participating in 2010 election (Estrada resigned
from his office upon service for less than 3 years)
THE VICE-PRESIDENT
Qualifications: The same as with the President and
can be remove in the same manner as the President.
PRESIDENTIAL SUCCESSION
a. If Pres. If not qualified – VP until Pres. Have
been chosen and qualified
b. If Pres. at the beginning of the term died or
permanently disabled – VP will succeed
c. Where No Pres. and VP qualified, or both
shall have died or become permanently
disabled – Senate Pres. or in case of
inability, the speaker of the house
VACANCIES OCCURING IN THE OFFICE OF
PRESIDENT:
1. Death
2. Permanent Disability
3. Removal
4. Resignation
***Estrada vs Gloria Macapagal Arroyo – Estrada
questioned Arroyo’s right to succeed claiming that he
had left the palace and had intention to return. SC
affirmed the succession as the Senate and House of
Rep. formally recognized Arroyo as the constitutional
successor of the Estrada by reason of his resignation
as President of the Republic of the Phil.
OATH OF OFFICE (See. Sec. 5)
Oath is not a source of substantive power but is
merely intended to deepen the sense of responsibility
of the Pres. and ensure a more conscientious
discharge of his office.
PERQUISITES AND INHIBITIONS
a. Prohibition against change of Salary either
by reduction or increase – to prevent
legislature from “weakening their fortitude by
appealing to their avarice or corrupting their
integrity by operating on their necessities.”
b. Emoluments that may not receive – any
compensation received for services rendered
or from possession of an office.
“emoluments” – defined as the profit arising
from office or employment; that which is
annexed to the possession of office, as a
salary, fees and perquisites; advantage,
gain, public or private.”
Inhibitions – May not hold any other office or
employment during their tenure.
Principle: “Public office is a public trust.”
**Civil Liberties Union vs The Executive Secretary –
assailed EO 284 wherein Secretaries, assistance
Sec., Cabinet members are appointed to hold other
positions in the government. The EO was declared
unconstitutional.
Exception: Must be ex-officio position and no
additional compensation
EXECUTIVE PRIVILEGE
Definition: “The power of the Government to withhold
information from the public, the Courts, and the
Congress.”
a. Informer’s Privilege – the privilege of the
Gov’t. not to disclose the identity of a person
or persons who furnish information on
violations of law to officers charged with the
enforcement of law
b. Privilege accorded to presidential
communications – presumed privileged
without distinguishing between those which
involve national security and those which do
not.
c. Deliberative process privilege – covers
documents reflecting advisory opinions,
recommendations and deliberations
comprising part of a process by which
governmental decisions and policies are
formulated
d. Diplomatic Negotiations Privilege – to
encourage frank exchange for exploratory
ideas between the negotiating parties by
shielding such negotiations from public view.
**Neri vs Senate Committee on Accountability of
Public Officers – Neri (Director of NEDA) was invited
by the committee regarding the anomalies on the
NBN ZTE deal. Neri refused to answer and claimed
for executive privilege. The SC en banc voted – 9-6
and convinced for the 3 questions are covered by
presidential communications privilege.
PRESIDENTIAL IMMUNITY – exists only in
concurrence with the president’s incumbency.
** Estrada vs Desierto – SC dismissed his petition, a
non-sitting president cannot invoke immunity from
suits.
CHAPTER 11 POWERS OF THE
PRESIDENT
Power to Dispose Gov’t properties:
*Marcos vs Manglapus – SC declared the that
executive power is not limited to specific enumerated
under constitution
*Laurel vs Garcia – SC prohibited the sale of
properties of Phil.
**Phil. Coconut Producers Federation,Inc. vs
Republic- SC held that the power pertaining to
disposition of Gov’t. property is neither legislative or
judicial.
***Ople vs Torres – SC declared the act as VOID as it
is an usurpation of legislative power
*David vs Arroyo – Pres. may not declare a state of
war without legislative power
Power to Reorganize Offices and Agencies in
Executive Depart
**Banada vs Emita – SC held that the Pres. has the
power to re-organize offices and agencies under
executive department
*Pichay vs Office of the Deputy Executive Secretary
for Legal Affairs Investigative and Adjudication
Division – abolition of Presidential Anti-Graft
Commission (PAGC) and transferred of its function to
the Office of Deputy executive secretary for Legal
Affairs (ODESLA). SC upheld the validity of
president’s power to reorganize.
THE APPOINTING POWER (See Sec. 16)
THE PARDONING POWER (Article VII Sec. 19)
“The President shall nominate and with the consent of
Commission on Appointments, appoint the head of
the:
a. Executive departments
b. Ambassadors
c. Public ministers and Consuls
d. Officers of the armed forces
Prohibition: Midnight appointments, except
appointments to the Supreme Court. (De Castro vs
Judicial and Bar Council)
THE REMOVAL POWERS
“No officer or employee of the Civil Service shall be
removed or suspended except for cause provided by
law.”
**Alajar v. Alba- Alajar invoked his constitutional
security of tenure, but SC denied him relief, holding
that removal is different from expiration of the term of
office.
THE CONTROL POWER
“The President shall have control of all the executive
departments, bureaus and offices. He shall ensure
that the laws be faithfully executed.”
Principles:
a. Doctrine of Qualified Political Agency
b. Doctrine of Exhaustion of Administrative
Remedies
THE “TAKE-CARE CLAUSE
- The power to take care that the laws be
faithfully executed.
THE MILITARY POWER
1. Command of the Armed Forces (power of
the sword)
***Kuroda vs Jalandoni – citing the case f
Yamashita vs Styer, Sc upheld the
jurisdiction of military commissions over war
criminals. “An exercise by the President of
his powers as commander-in-chief of all our
armed forces”
**IBP vs Zamora – president deployed Phil.
Marines to join PNP in Metro Manila for
crime prevention. Valid exercise of his
power.
2. Habeas Corpus – maybe suspended in
case of Invasion, Rebellion, and Public
Safety requires
3. Martial Law – (Aquino vs Enrile)
4. Limitations on the Military Powers
1. Definitions:
a. Pardon – act of grace which
exempts the individual whom it is
bestowed from the punishment
which the law inflicts for the crime
he has committed
b. Commutation – reduction or
mitigation of the penalty
c. Reprieve – merely postponement of
the sentence to a date certain, or a
stay of execution
2. Limitations
a. Pardon cannot be granted in cases
of impeachment
b. No pardon can be granted for the
violation of any election law
c. Pardon can be granted only for
conviction of final judgement
3. Kinds of Pardon
a. Absolute – extended without strings
attached
b. Conditional – convict is required to
comply with certain requirements
c. Plenary pardon – extinguishes all
the penalties imposed
d. Partial – does not extinguish all
penalties (accessory penalty)
4. Effects of Pardon
a. Legal effect – restore not only
offender’s liberty but also civil and
political rights
***Pelobello vs Palatino – petitioners’
candidacy was contested on the ground that
he was deprived his right to be voted due to
his conviction. However, he was granted of
absolute pardon, hence, he was eligible for
the public office position.
***Monsanto vs Factoran – absolute pardon
does not give right to reinstate her public
office position.
** Garcia vs Chairman, Commission on Audit
– petitioner was acquitted and granted
executive clemency, hence, asking for
reinstatement to the public office and praying
for back wages. SC held that the petitioner is
entitled for back wages upon reinstatement
of his position.
5. Distinctions
a. Parole – involves only release of
convict from imprisonment but not a
restoration of his liberty
b. Parole is executive whereas
probation is Judiciary
6. Amnesty
a. Requires concurrence of the
congress
 b. Requires admission of quilt
THE BORROWING POWER (Sec. 20)
“The President may contact or guarantee foreign
loans on behalf of the Republic of the Philippines with
t eh prior concurrence of the Monetary Board, and
subject to such limitation as may be provided by
law….”
THE DIPLOMATIC POWER
The President is supposed to be the spokesman of
the nation on external affairs.
“Sec. 21. No treaty or international agreement shall be
valid and effective unless concurred in by at least two-
thirds of all the Members of the Senate.”
**Pimentel vs Executive Secretary – the power to
ratify treaties belongs to the President not to the
Senate. Treaty making power is exclusive to the
President.
THE BUDGETARY POWER (Sec. 22)
Appropriations - President shall submit to the
Congress within 30 days from the opening of every
regular session…
THE INFORMING POWER (Sec. 23)
“The President shall address the Congress at the
opening of its regular session. He may also appear
before it at any other time.”
OTHER POWERS
a. To call the Congress for special session
b. Approve or veto bills
c. To consent to the deputization of Gov’t
Personnel by COMELEC
d. To discipline its deputies
e. Delegation, to exercise emergency and Tariff
powers
CHAPTER 12 – THE JUDICIAL DEPARTMENT
JUDICIAL POWER (Art. VIII Sec. 1)
“The judicial power shall be vested in on Supreme
Court and in such lower courts a may be established
by law.”
Traditional Concept: To settle actual controversies
involving rights that are legally demandable and
enforceable.
Expanded Concept: To determine whether or not
there has been grave abuse of discretion amounting
to lack or excess jurisdiction on the part of any branch
or instrumentality of the Government.
***IBP vs Zamora – interpreted the expanded
definition of the Judicial Power
**Daza vs Singson – relevant to the IBP case
regarding the expanded jurisdiction of the Judiciary
***Tanada vs Angara – World Trade Organization
agreement – the judicial department has the duty to
struck down grave abuse of discretion on the part
branch or instrumentality of the Gov’t.
JURISDICTION (Sec. 5)
Definition: The authority by which the courts take
cognizance of and decide cases, the legal right by
which judges exercise their authority.
APPOINTMENTS (Sec. 9)
“The members of the SC and judges of the lower
courts shall be appointed by the President from the
list of at least three nominees prepared the Judicial
and Bar Council for every such vacancy…XXX”
1. QUALIFICATIONS (Sec. 7)
“be a person of proven competence, integrity, probity,
and independence”
a. Natural born citizen
b. At least forty (40) years of age
c. 15 years or more a judge of a lower court or
engaged in the practice of law in the Phil.
Sec. 7 (2) – Congress may prescribe the qualifications
2. THE JUDICIAL AND BAR COUNCIL
a. Composition:
i. Chief Justice –ex officio
Chairman
ii. Secretary of Justice
iii. A representative of IBP
iv. A professor of a law
v. Retired member of SC
vi. Representative of private
sector
***Chavez vs Judicial and Bar
Council – congress may have
ONLY one representative in JBC
FISCAL AUTONOMY (Sec. 3)
“The judiciary shall enjoy fiscal autonomy.
Appropriations for the judiciary may not be reduced by
the legislature below the amount appropriated for the
previous year and, after approval, shall be
automatically and regularly released.”
***Bengzon vs Drilon – Fiscal autonomy means
FREEDOM from OUTSIDE CONTROL. Must have
independence and flexibility needed in the discharge
of their constitutional duties.
COMPOSITION OF THE SUPREME COURT (Sec.
4(1))
“The Supreme Court shall be composed of a Chief
Justice and fourteen Associate Justices. It may sit en
banc or in its discretion, in divisions of three, five or
seven members. Any vacancy shall be filled within
ninety days from the occurrence thereof.”
1. ACTUAL CASE - must not be moot and
academic (Javier vs COMELEC)
a. There is a grave violation of the
constitution
b. The exceptional character of the
situation and the paramount public
interest is involved
c. When the constitutional issue raised
requires formulation of controlling
principles to guide the bench, the
bar, and the public
d. The case is capable of repetition yet
evading review

***In re Appointment of Mateo Valenzuela and Placido 2. PROPER PARTY

B. Vallarte – case about the 90-day requirement
conflicts with Sec. 15 of Article VII. Citing the ruling in
De Castro vs JBC, that the provision in Art. VII does
not apply in the Judiciary.
1. EN BANC CASES (Sec. 4, p. 2)
a. Constitutionality of a treaty
b. Constitutionality of International or
Executive agreement
c. Constitutionality of law
**Bayan Muna vs Romulo – clarified article 2
of the Vienna convention on the Law of
Treaties.
Treaties – an international agreement
concluded between states in written form
and governed by international law.
***Datu Michael Abas Kida vs Senate of the
Phil. – SC stressed that 8-7 vote does not
and cannot have the effect of making the
Courts ruling any less effective or binding.
Regardless how close the voting is, so long
as there is concurrence of the majority of the
en banc, the decision must be respected.
2. DIVISION CASES (Sec. 4 p. 3)
***Fortich vs Corona – case was elevated to
en banc due to tied vote by the division.
SC has now three divisions with five
members each
“one who sustained or is in immediate
danger of sustaining an injury as a result of
the act complained of.”
LOCUS STANDI – legal standing on the
case
***Tileston vs Ullmann – physician
questioned the constitutionality of law
prohibiting the use of contraceptives. SC
held that the physician’s patients not the
physician is the proper party.
3. EARLIEST OPPORTUNITY
Exceptions:
a. In CRIMINAL CASES, the
constitutional question can be
raised at ANY TIME in the
discretion of the court
b. In CIVIL CASES, the constitutional
question can be raised at ANY
STAGE if it is necessary to the
determination of the case itself
c. In every cases, EXCEPT, where
there is ESTOPPEL, the
constitutional question may be
raised at ANY STAGE if it involves
the jurisdiction of the court
4. NECESSITY OF DECIDING
CONSTITUTIONAL QUESTION – court will
not entertain if case can be decided by
General law of statute.

EFFECTS OF A DECLARATION OF
REQUISITES OF A JUDICIAL INQUIRY CONSTITUTIONALITY

1. There must be actual controversy 1. It is not a law

2. The question of constitutionality must be 2. It confers no rights
raised by the proper party 3. It imposes no duties
3. The constitutional question must be raised at 4. It affords no protection
the earliest possible opportunity 5. It creates no office
4. The decision of constitutional question must 6. In operative
be necessary to the determination of the
case itself.
PARTIAL UNCONSTITUTIONALITY – the rest of
the statute must uphold if it can stand
independently and expressly provided in
separability clause.
POWERS OF THE SUPREME COURT
1. ORIGINAL JURISDICTION – cases affecting
the following
a. Ambassadors
b. Other public ministers
c. Consuls
d. Over petitions for certiorari,
prohibition, mandamus, quo
warranto and habeas corpus
***QUO WARRANTO – an action for
usurpation of office or against public officer
who does or suffers an act which by the
provision of the law, constitutes a ground for
the forfeiture of his office against an
association which acts as a corporation
within the Philippines without being legally
incorporated or without lawful authority to so
act.
PRINCIPLE OF JUDICIAL COURTESY – a
strong probability that the issues before the
higher court would be rendered moot and
moribound as a result of the continuation of
the proceedings in the lower court or court of
origin.
PRINCIPLE OF HIERARCY OF COURTS –
requires a recourse must be first made to the
lower ranked court
2. APPELLATE JURISDICTION
3. TEMPORARY ASSIGNMENT OF JUDGES
4. CHANGE OF VENUE OR PLACE OF
TRIAL
“To avoid miscarriage of justice”
***People vs Gutierrez – the court ordered
the transfer of criminal case from CFI to
Circuit Criminal Court, as the witnesses are
afraid retaliation from the accused or their
followers in the place where the offenses
where allegedly committed
5. RULE MAKING POWER (p. 5)
a. LIMITATIONS:
i. The rules must be uniform
for all courts of the same
grade
ii. The rules must not
diminish, increase, modify
substantive rights
6. APPOINTMENT OF COURT PERSONNEL
7. ADMINISTRATIVE SUPERVISION OF
COURTS
***Ampong vs Civil Service Commission –
The Court is given exclusive supervision
over all courts and judicial personnel over
Civil Service Commission.
TENURE OF JUDGES (Sec. 11)
Age: 70 years of age
Skill: Become incapacity to discharge duties of their
office
Rule: No law shall be passed reorganizing the
judiciary when it undermines the security of tenure of
its Members.
CONSULTATIONS OF THE COURT (Sec. 13)
*Limkaichong vs COMELEC – unpromulgated
decision is no decision at all
DECISIONS OF THE COURT (Sec. 14)
- It is required to cite factual and legal basis in
every decision of the COURT.
RULES and PRINCIPLES
a. Sub Judice Rule – restricts
comments and disclosures
pertaining to judicial proceedings to
avoid prejudging the issue,
influencing the court, or obstructing
the administration of justice.
b. Res Judicata – a final judgement
or decree on the merits by a court
of competent jurisdiction is
conclusive of the rights of the
parties of their privies in all later
suits on all points and matters
determined in the former suit.
c. Principle of Conclusiveness of
Judgement – when a right or fact
has judicially tried and determined
by the court of competent
jurisdiction, or an opportunity for
such trial has been given, the
judgement of the court, as long as it
remains unreversed, should be
conclusive upon the parties and
those in privity with them.
d. Law of the Case Doctrine – where
appellate court has made a ruling
on a question or appeal and there
after remands the case to the lower
court for further proceedings; the
questions settled by the appellate
court becomes Law of the Case at
 the lower court and in any
subsequent appeal. ANNUAL REPORT (Sec. 16)

SUBMISSION - within 30 days from the opening of

e. Doctrine of Stare Decisis et non each regular session of the Congress
quieta movere – to adhere to
precedent, and not unsettle things OOOOOOOO NOTHING FOLLOWS OOOOOOOOO
which are established

f. Doctrine of Finality of Judgement

or Immutability of Judgement –
once judgement is final and
executory, it may no longer be
modified in any respect, even if the
modification is meant to correct an
erroneous conclusion of fact or law,
and regardless of whether
modification is attempted to be
made by the court rendering it or by
the highest court of the land, as
what remains to be done is the
purely ministerial enforcement or
execution of the judgement.

i. TWO FOLD PURPOSE

1. To avoid delay in
administration of
justice
2. To put an end to
judicial
controversies
ii. Exemptions
1. Correction of
Clerical errors
2. Nunc pro tunc
entries – no
prejudice to any
party
3. Void judgements
4. Whenever
circumstances
transpire after the
finality of the
decision that
render its
execution unjust
and inequitable

SALARIES OF JUDGES (Sec. 10)

- XXX….Shall be fixed by law. During their

continuance in office, their salary shall not be
decreased.
- Salaries should be subject to income tax

PERIODS OF DECISION (Sec. 15)

- 24 MONTHS from the date of submission

- 12 MONTHS for all lower collegiate courts
- 3 MONTHS for all other lower courts